Marin Voice: Striving to make sure defendants get a fair trial in Marin

INDEPENDENT JOURNAL editor Robert Sterling begins his Marin Voice column on Feb. 11 by noting that he "doesn't fault the Marin County Public Defender's Office for seeking a fair trial for clients," and ends by asking, rhetorically, "What's going on over at the Marin County Hall of Justice?"

The answer to Mr. Sterling's question is simple: judges, attorneys, and the press are carrying out their constitutionally mandated duties. No attorney or reporter is possessed of constitutional rights that trump those of the other. Rather, it falls to judges to strike a balance that ensures that justice is done.

When the court has ruled, each side should abide by the intent and spirit of a court's ruling in a professional, responsible, and ethical manner.

Mr. Sterling misunderstands the role of those practicing in the criminal justice system. I respond to clarify and ensure that our client, Christopher Wootton, is not further prejudiced by Mr. Sterling's article, and to ensure the public is aware of the fine work done by those in the Marin County criminal justice system.

The fact is, Mr. Wootton would have not been photographed in a public area had he not been disabled. It's only because he is confined to a wheelchair that Mr. Wootton was prevented from receiving the intended protections of Judge James Chou's court order.

Mr. Sterling chooses not to touch on the significance of this important detail. In addition, the photographer's action in publicizing the jail's method of transporting disabled prisoners may have compromised the security system of the Marin County Jail.

Mr. Sterling fails to appreciate that taxpayers would face greater liability if the public defender was sued for failing to adequately defend Mr. Wootton's rights, or if an eventual conviction is reversed because Mr. Wootton did not receive a fair trial.

This is zealous representation now, when it matters and when legal action can be taken that avoids future liability.

A defendant's right to a fair trial and effective assistance of counsel (found in the Sixth and Seventh Amendments) are not subservient to the media's First Amendment right to gather and report the news.

The Bill of Rights is not hierarchical. Rather, those rights must be balanced by a court of law.

I am certain that the citizens of Marin County would not want anything else from their judges, or expect anything less from a zealous and responsible public defender.